IEP Modifications in Virginia: Accommodations vs. Modifications
What is the difference between accommodations and modifications in a Virginia IEP?
In Virginia, modifications are changes to the curriculum, instruction, or assessments that alter the content, expectations, or performance standards for a student with a disability. Unlike accommodations, which maintain the same learning standards while providing access supports, modifications change what the student is expected to learn or demonstrate. Under 8VAC20-81-110.G.4, the IEP must include a statement of program modifications, and under 8VAC20-81-110.G.5, the IEP must explain the extent to which the student will not participate with nondisabled children in the general education setting. For statewide assessments, students who receive modifications to content standards may take the Virginia Alternate Assessment Program (VAAP) if the IEP team determines they have the most significant cognitive disabilities and cannot participate in the SOL assessments even with accommodations (8VAC20-81-110.G.6). Virginia permits the award of alternative diplomas, including the Applied Studies Diploma, for students with disabilities who complete the requirements of their IEPs but do not meet the requirements for a Standard or Advanced Studies Diploma (Code of Virginia § 22.1-253.13:4). Receipt of an Applied Studies Diploma does not terminate FAPE eligibility; services continue until the student reaches age 22 (or the September 30 following the student's 21st birthday if the student turns 21 after September 30), as the Applied Studies Diploma is not a standard or advanced studies diploma (8VAC20-81-90; Code of Virginia § 22.1-213). Virginia requires parental consent before any IEP revision, including changes to program modifications (8VAC20-81-170.E.1.d).
What Virginia Requires
The IEP must document all program modifications and explain the extent to which the child will not participate with nondisabled peers in the general education setting (8VAC20-81-110.G.4-G.5; 34 CFR 300.320(a)(5)).
Modifications that alter content standards or performance expectations must be justified based on the student's individualized needs and documented in the IEP.
Students taking modified curriculum may be eligible for the VAAP if the IEP team determines they have the most significant cognitive disabilities (8VAC20-81-110.G.6).
Virginia offers the Applied Studies Diploma for students completing IEP requirements who do not meet Standard or Advanced Studies Diploma requirements; receipt does not terminate FAPE (Code of Virginia § 22.1-253.13:4; 8VAC20-81-90).
The IEP team must consider the least restrictive environment before recommending modifications that would remove a student from the general education setting (8VAC20-81-100; 34 CFR 300.114).
Parental consent is required before revising an IEP to add, change, or remove program modifications (8VAC20-81-170.E.1.d).
Key Timelines
Modifications must be reviewed at least annually as part of the IEP review and revised as needed; revisions require parental consent (8VAC20-81-110.B.5; 8VAC20-81-170.E.1.d).
The IEP team must consider whether modifications remain appropriate at each annual review and whether the student can return to the general curriculum with accommodations.
For students approaching graduation, the IEP team should address diploma pathways and modifications well in advance of the expected graduation date; FAPE continues until age 22 for Applied Studies Diploma recipients (8VAC20-81-90).